Trustees of the Operating Engineers Pension Trust et al v. Smith-Emery Company
Filing 91
MINUTES (IN CHAMBERS) DEFENDANT'S MOTION FOR STAY PENDING STATE COURT PROCEEDINGS by Judge Christina A. Snyder: The Court need not resolve whether the Ninth Circuit's holding acts as res judicata of the issues in the State Case because the parties have settled this action. Further proceedings here, if any, will turn upon whether or not either party breaches its obligations pursuant to the settlement agreement. Defendant does not argue that a ruling in the State Case would disturb the parties' agreement to settle this action. Accordingly, defendant's motion for a stay 84 is DENIED as moot. Court Reporter: Not Present. (gk)
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